Last week, the U.S. Supreme Court heard oral arguments in the case Birchfield v. North Dakota. The case is about laws in 13 states that make it a crime for drivers to refuse breath or blood tests without a warrant when ordered to undergo such tests by a police officer. The cases the Supreme Court are reviewing were filed by drivers who were charged with a crime after they refused to take breath tests after being stopped for suspicion of driving drunk.
The law in general states that the police cannot search a driver or car after an arrest without getting a warrant. In 2013, the Supreme Court held that the police cannot obtain a person’s blood who is suspected of DUI in order to perform a blood test without getting a warrant first.
The Supreme Court is expected to make a decision on this important issue in June. If the Court finds the law constitutional, you can expect the Nevada Legislature to pass a similar law in Nevada.
At Nobles & Yanez, we defend DUI cases aggressively with an eye towards challenging every possible violation of the law by the police, from the point the police first stop a person until and through the person’s arrest.
Read a transcript of the oral argument: http://www.supremecourt.gov/oral_arguments/argument_transcripts/14-1468_b97d.pdf